The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.
DOWNS, Ernest (W/M)
DC# 063143
DOB: 08/11/48
Fourth Judicial Circuit, Duval County Case # 77-2874
Sentencing Judge: The Honorable Dorothy Pate
Attorney, Trial: Richard Lovett Brown – Private
Attorney, Direct Appeal: Richard Lovett Brown – Private
Attorney, Collateral Appeals: Christopher Anderson –Registry; Robert Grossman, Erica E. Paulson, Scott S. Balber, & JustinUhlemann- Federal
Date of Offense: 04/23/77
Date of Sentence: 01/27/78
Date of Resentence: 02/17/89
Circumstances of Offense:
Ernest Downs was involved in a murder-for-hire scheme andwas paid $5,000 to kill Forrest Harris.
Ron Garelick, a general life insurance agent and businessassociate of Forrest Harris, obtained a $400,000 insurance policy on Harris'life, naming as beneficiary a jointly-owned Garelick-Harris corporation.Garelick knew John Barfield as a business acquaintance and solicited his helpin obtaining individuals to kill Harris for the insurance money. Garelickoffered Barfield $125,000 from the insurance proceeds as compensation forarranging the murder.
In April, 1976, Barfield contacted Gerry Sapp and HueyPalmer, two of his former employees, and offered them $10,000 and $25,000,respectively, to kill Harris. They each testified that they refused this offer.
In April, 1977, Barfield approached Ernest Downs with anoffer of $5,000 to kill Harris. Downs accepted the offer and enlisted theaid of Larry Johnson to carry out the murder.
On 04/23/77, Downs and Johnson lured Harris to a remotelocation with a fictitious drug deal. When Harris arrived, Downs shotHarris four times in the head with a .25 caliber automatic pistol. AfterDowns and Johnson dragged the body off into the bushes, Downs fired anothershot into Harris’ chest to make sure he was dead.
Codefendant Information:
The contract killing was part of a conspiracy that involvedfour other men, who all had previously failed to kill Harris. Larry Johnson andHuey Palmer, in exchange for testimony, received complete immunity fromprosecution or had their charges dropped. Gerry Sapp accepted a pleabargain and was sentenced to five years imprisonment. Ron Garelick diedin a plane crash two days after Harris’ body was discovered. Theoriginator of the murder conspiracy, John Barfield, was originally sentenced todeath; however, his sentence was later reduced to life imprisonment.
Trial Summary:
08/11/77 Indicted as follows:
Count I First-DegreeMurder
CountII Conspiracy toCommit First-Degree Murder
12/16/77 Jury returned guilty verdicts on all counts of the indictment
12/20/77 Jury recommended a death sentence by a vote of 12-0
01/27/78 Sentenced as follows:
Count I First-Degree Murder – Death
Count II Conspiracyto Commit First-Degree Murder - 30 years
09/09/87 FSC granted Petition for Writ of Habeas Corpus and Stay of Execution,
vacated the death sentence, andremanded to the trial court for a new sentencing proceeding
02/03/89 Jury recommended a death sentence by a vote of 8-4
02/17/89 Resentenced to death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 53,524
386 So.2d 788
03/02/78 Appeal filed
05/22/80 FSC affirmed conviction and sentence
09/12/80 Rehearing denied
09/30/80 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 80-5103
449 U.S. 976
08/04/80 Petition filed
11/03/80 USSC denied Petition
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 59,865
402 So.2d 609
10/24/80 Petition filed
05/19/81 FSC denied Petition without prejudice to allow filing of a 3.850 Motion
Circuit Court – 3.850 Motion
CC# 77-2874
06/21/82 Motion filed
08/12/83 Motion denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 64,184
453 So.2d 1102
08/26/83 Appeal filed
06/21/84 FSC affirmed denial of 3.850 Motion
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 66,116
476 So.2d 654
11/02/84 Petition filed
08/29/85 Petition denied
Florida Supreme Court – Petition for Writ of HabeasCorpus and Stay of Execution
FSC# 71,100
514 So.2d 1069
09/08/87 Petition filed
09/09/87 FSC granted Petition and Stay of Execution, vacated the death sentence,
and remandedfor a new sentencing proceeding
Florida Supreme Court – Direct Appeal (afterresentencing)
FSC# 73,988
572 So.2d 895
03/29/89 Appeal filed
09/20/90 FSC affirmed death sentence
01/03/91 Rehearing denied
02/04/91 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 90-7988
502 U.S. 829
04/26/91 Petition filed
10/07/91 Petition denied
Circuit Court – 3.850 Motion
CC# 77-2874
11/30/92 Motion filed
03/13/97 Motion denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 90,510
740 So.2d 506
05/12/97 Appeal filed
05/20/99 FSC affirmed denial of 3.850 Motion
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 00-2186
801 So.2d 906
10/18/00 Petition filed
09/26/01 Petition denied
12/03/01 Rehearing denied
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 01-1399
(Pending)
12/12/01 Petition filed
08/09/02 Administratively closed until either FSC ruling on Bottoson/King
or Downs’ Ringclaims and ineffective assistance claims are decided
03/22/04 Case reopened
10/25/04 USDC dismissed petition
03/24/08 Remanded from USCA
Circuit Court – 3.850 Motion
CC # 77-2874
05/30/03 Motion filed
11/18/03 Motion denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 04-345
977 So. 2d 572
03/01/04 Appeal filed
12/13/07 FSC affirmed denial of 3.850 motion
12/28/07 Motion for rehearing
03/11/08 Rehearing denied
U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal
USCA# 05-10210
520 F.3d 1311
12/27/04 Appeal filed
03/24/08 Vacated USDC judgment and remanded
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 08-5910
129 S. Ct. 450
07/31/08 Petition filed
10/14/08 Petition denied
Circuit Court – 3.850 Motion
CC# 77-2874
(Pending)
05/21/08 Motion filed
Death Warrant Information:
08/18/87 Governor Martinez signed a death warrant and execution was
scheduledfor 09/17/87
09/09/87 FSC granted a Stay of Execution
Clemency Hearing:
06/23/82 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition ofSentence:
The delay arises from Downs’ resentencing on 02/17/89,filing of multiple Habeas Petitions, and the 3.850 Motion that was pending from11/30/92 – 03/13/97.
Case Information:
Downs filed a Direct Appeal with the Florida Supreme Courton 03/02/78, citing fifteen errors; however, the FSC chose to comment on onlyone error, finding the other alleged errors to be without merit. Downsalleged that he was denied an impartial jury, arguing that five jurors wereimproperly excused for cause because they indicated that they unable to votefor the death penalty, but were able to determine guilt. The FSC rejectedthis argument, and on 05/22/80, affirmed Downs’ conviction and sentence.
Downs filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 08/04/80 that was denied on 11/03/80.
Downs filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 10/24/80 that was denied without prejudice on 05/19/81to allow Downs to file a 3.850 Motion with the trial court.
Downs filed a 3.850 Motion with the circuit court on06/21/82 that was denied on 08/12/83.
Downs filed a 3.850 Motion Appeal with the Florida SupremeCourt on 08/26/83, citing numerous issues, which the FSC found to be withoutmerit, choosing only to comment on Downs’ claim of ineffective assistance oftrial counsel. The FSC found that Downs’ claim of ineffective assistanceof trial counsel was unfounded, and on 06/21/84, the FSC affirmed the trialcourt’s denial of the 3.850 Motion.
Downs filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 11/02/84, arguing ineffective assistance of appellatecounsel. The FSC found that Downs failed to prove ineffectiverepresentation and prejudice to his case, and on 08/29/85, the court denied hisPetition.
Downs filed a Petition for Writ of Habeas Corpus and Stay ofExecution with the Florida Supreme Court on 09/08/87, arguing that the trialcourt precluded the jury from considering all mitigating evidence, bothstatutory and non-statutory, which is contrary to the U.S. Supreme Court’sruling in Hitchcock v. Dugger (1987). The FSC agreed with Downs’ argumentand on 09/09/87, the court granted the Petition, stayed the execution, vacatedthe death sentence, and remanded the case to the trial court for a newsentencing proceeding.
A resentencing jury recommended a death sentence by a voteof 8-4, and Downs was
resentenced to death on 02/17/89.
Downs filed a Direct Appeal, after resentencing, with theFlorida Supreme Court on 03/29/89, citing the following errors: exclusion oftestimony of Downs’ grandmother; admission of Johnson’s testimony; exclusion ofmitigating circumstances from the jury’s consideration; quashing Downs’subpoena to question the prosecutor in the original Direct Appeal about pleabargains given to the other conspirators; failure to instruct the juryregarding lingering doubt about Downs as the triggerman; giving the jury anon-statutory aggravating circumstance (future dangerousness); not requiringDowns’ presence in court when answering a question during jury deliberations;lack of discussion about mitigating circumstances in the sentencing order; anddisproportionate punishment compared to the other conspirators. The FSCaffirmed the conviction and sentence on 09/20/90.
Downs filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 04/26/91 that was denied on 10/07/91.
Downs filed a 3.850 Motion with the trial court on 11/30/92that was denied on 03/13/97.
Downs filed a 3.850 Motion Appeal with the Florida SupremeCourt on 05/12/97, raising fourteen points on appeal, but the FSC only chose torespond to Downs’ claims regarding public records requests, withheldexculpatory evidence, claims of ineffective assistance of counsel, and vagueand invalid aggravating circumstances. On 05/20/99, the FSC affirmed the lowercourt’s denial of the 3.850 Motion.
Downs filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 10/18/00, alleging twelve claims of ineffectiveassistance of counsel. The FSC denied the Petition on 09/26/01.
Downs filed a Petition for Writ of Habeas Corpus with theU.S. District Court, Middle District, on 12/12/01. On 08/09/02, the USDCadministratively closed the case until either FSC ruling on Bottoson/King orDowns’ Ring claims and ineffective assistance claims are decided. On03/22/04, the case was reopened. On 10/25/04, the USDC dismissed thepetition.
Downs filed a 3.850 Motion with the circuit court on05/30/03 that was denied on 11/18/03.
Downs filed a 3.850 Motion Appeal with the Florida SupremeCourt on 03/01/04 that is pending.
On 12/27/04, Downs filed a Petition for Writ of HabeasCorpus Appeal with the U.S. Court of Appeals, 11th Circuit, and on 03/24/08they vacated the lower courts judgment and remanded the case.
Downs filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 07/31/08 that was denied on 10/14/08.
Downs filed a successive 3.850 Motion with the Circuit Courton 05/21/08. This motion is pending.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
11/24/78 60 POSS OFNARCOTICS R.M.C.- MAIN UNIT
02/23/80 60 ASSAULTS OR ATTEMPT R.M.C.- MAIN UNIT
09/24/80 30 POSS OF NARCOTICS R.M.C.- MAIN UNIT
02/10/82 0 POSS OF NEGOTIABLES CENTRALOFFICE
08/04/82 0 POSS OF NARCOTICS CENTRALOFFICE
07/13/90 15 POSS OFCONTRABAND FLORIDA STATE PRISON
10/14/94 0 UNAUTH USE OF DRUGS UNION C. I.
05/10/99 119 REFUSED SUB. ABUSE TEST UNIONC. I.
05/10/99 180 POSS OFNARCOTICS UNION C.I.
05/18/99 0 POSS OF NARCOTICS UNION C.I.
08/15/01 30 POSS OFCONTRABAND UNION C. I.
12/12/03 0 DISOBEYING ORDER UNION C. I.
________________________________________________________________________
Report Date: 07/25/02 JFL
Approved: 08/06/02 WS
Updated: 10/04/10 EMJ